beta
(영문) 대구지방법원 2018.04.27 2018고단107

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2008, the Defendant was punished by a fine of one million won for a violation of road traffic law (drinking driving) in the Seoggu District Court's branch branch on September 2, 2008, by a fine of two million won for a violation of road traffic law (drinking driving) in the same court on September 2, 2008, and on August 11, 201, by a fine of two million won for a violation of road traffic law (drinking driving) at the same court on the same charge, and on the same charge at the Daegu District Court's Daegu District Court on August 11, 20

On December 14, 2017, the Defendant driven a CNS car at the distance of approximately 400 from the National Land Management and Utilization Act of the Republic of Korea, from around 400 to the CNS car at the front of the White Flux road located in the Daegu-dong New-dong, Daegu-dong, under the influence of alcohol content of 0.195% among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver involved and response to a request for appraisal;

1. Previous convictions in judgment: References to criminal history records, application of investigation reports (formers and confirmations)-related Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, the order of community service and the order to attend a lecture, the fact that the defendant has been punished several times for the same crime, the defendant's blood alcohol concentration is very high, the defendant's opposite sex, the defendant's age, sexual behavior, environment, motive of the crime and circumstances after the crime, etc., shall be determined as the same as the order of punishment, in consideration of the records;